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Apr 23, 2013
04/13
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a federal magistrate the 19- year-old was advised of his miranda rights. there was more information in thele criminal complaint. ken wayne has been looking over it for us. >> reporter: this ten page criminal complaint lays out the fbi's case against tsarnaev. conspiring of using a weapon of mass destruction, a charge that if convicted could lead to the death penalty. dzhokhar tsarnaev is in serious conditions with gunshot wounds to the head, neck, leg, and hand. he has communicated to investigators by nodding and writing. at his bed side, a court representative says i will ask the doctor whether the patient is alert. the doctor asks, how you are feeling? tsarnaev nods. authorities are convinced the two brothers acted alone. >> i told boston they can rest easily. >> reporter: the affidavit describes the brothers walking through the marathon crowd with knapsacks and then separating. at one point, dzhokhar can be seen slipping his knapsack to the ground. he used his cell phone, then walked away. seconds later, an explosion. and information about a trip to rus
a federal magistrate the 19- year-old was advised of his miranda rights. there was more information in thele criminal complaint. ken wayne has been looking over it for us. >> reporter: this ten page criminal complaint lays out the fbi's case against tsarnaev. conspiring of using a weapon of mass destruction, a charge that if convicted could lead to the death penalty. dzhokhar tsarnaev is in serious conditions with gunshot wounds to the head, neck, leg, and hand. he has communicated to...
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Apr 23, 2013
04/13
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a federal magistrate the 19- year-old was advised of his miranda rights. there was more information in thele criminal complaint. ken wayne has been looking over it for us. >> reporter: this ten page criminal complaint lays out the fbi's case against tsarnaev. conspiring of using a weapon of mass destruction, a charge that if convicted could lead to the death penalty. dzhokhar tsarnaev is in serious conditions with gunshot wounds to the head, neck, leg, and hand. he has communicated to investigators by nodding and writing. at his bed side, a court representative says i will ask the doctor whether the patient is alert. the doctor asks, how you are feeling? tsarnaev nods. authorities are convinced the two brothers acted alone. >> i told boston they can rest easily. >> reporter: the affidavit describes the brothers walking through the marathon crowd with knapsacks and then separating. at one point, dzhokhar can be seen slipping his knapsack to the ground. he used his cell phone, then walked away. seconds later, an explosion. and information about a trip to rus
a federal magistrate the 19- year-old was advised of his miranda rights. there was more information in thele criminal complaint. ken wayne has been looking over it for us. >> reporter: this ten page criminal complaint lays out the fbi's case against tsarnaev. conspiring of using a weapon of mass destruction, a charge that if convicted could lead to the death penalty. dzhokhar tsarnaev is in serious conditions with gunshot wounds to the head, neck, leg, and hand. he has communicated to...
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Apr 23, 2013
04/13
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so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to justice, and also get the information that may be important to prevent future attacks and also provide answers that may help bring closure to the victims and the families of the victims. you know, there are some challenges, of course, with respect to the designation of enemy combatant. people forget that once that happens, dealing with an american citizen and what he will do is file habeas petition challenging that designation, raising again this question does the president on his own authority can he designate an american citizen enemy combatant which was an issue that came up with al awlaki. wh
so, we understand that this guy dzhokhar has been given miranda rights in the hospital. he has an attorney appointed to him. some are saying and the "wall street journal" is saying among them that's not smart. they could have labeled him an enemy combatant and intear gaysed him without all the protections and you say? >> well, i think the white house has made a calculation the department of justifiable has made a cool could you legs that they can bring this person, i'm sorry, to...
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Apr 22, 2013
04/13
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government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart attack. we're more than 78,000 people looking out for more than 70 million americans. that's health in numbers. unitedhealthcare. and "up to 75% lower copays." as a preferred pharmacy, walgreens can save you as much as 75% compared to other select pharmacies. walgreens, at the corner of happy and healthy. >>> when ruslan tsarni held court with the media on friday, he tried to give a snapshot of his nephews' lives, he also defended his heritage, as well as his newfound homeland. >> i respect this country, i love this country. this country, which gives chance to e
government has not yet red dzhokhar tsarnaev his miranda rights. we'll discuss when the aclu's mike german joins us just ahead. i've always had to keep my eye on her... but, i didn't always watch out for myself. with so much noise about health care... i tuned it all out. with unitedhealthcare, i get information that matters... my individual health profile. not random statistics. they even reward me for addressing my health risks. so i'm doing fine... but she's still going to give me a heart...
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Apr 22, 2013
04/13
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CURRENT
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and then on the issue of miranda rights, that's one i'm really worked up on and then guns as well. they got the guns in a way that was not licensed. could we have licensed them or caught them if they had to go through licensing? maybe the nra might be in a lot of trouble because of that, because they just defeated that kind of legislation, and i think they should have gotten mirandized. i don't know what you think about that michael? >> michael: i think absolutely he should have been mirandized and a week ago they decided hey, we're not going to close the gun show loophole and now look what we have got. so cenk we will be watching "the young turks" in a few mn minutes. >> thank you. >> michael: on this earth day we have some encouraging news about the state of our nation's energy supply. last week all of the energy came from solar. that is a first, even better no new dirty energy sources came online. our country's solar capacity has already doubled the amount that went online in 2012. that's a good start. if we're going to embrace clean energy, we'll need an army of scientists to l
and then on the issue of miranda rights, that's one i'm really worked up on and then guns as well. they got the guns in a way that was not licensed. could we have licensed them or caught them if they had to go through licensing? maybe the nra might be in a lot of trouble because of that, because they just defeated that kind of legislation, and i think they should have gotten mirandized. i don't know what you think about that michael? >> michael: i think absolutely he should have been...
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Apr 22, 2013
04/13
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he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of civil liberties saying you have cases where -- you have the same two senators, john mccain and lindsey graham, who said this person is a terrorist and should not have miranda rights. it seems the obama administration is going to be straddling the middle ground, as they did with the so-called underwear bomber from a few years ago. host: "national journal" reporting the headline, "pete williams' reporting philosophy d y was g boon sighttory r guest: i would have to say that pete williams is the best i have ever come across, so measured and sofer. is amazing he was able to be showcased the way he was. this was a complicated story. a lot of journalists for getting the facts wrong as it was developing in real time, but pete williams was a constant force who was right 100% of the way. it is a model to all of u
he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of civil liberties saying you have cases where -- you have the same two senators, john mccain and lindsey graham, who said this person is a terrorist and should not have miranda rights. it seems the obama...
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Apr 22, 2013
04/13
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read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the alleged master minds of the 9/11 attacks. if boston wants and all of america wants justy, the best way is to let the criminal justice system kick up and work. to make it up as we go along is foolhardy, unconstitutional, and frankly really un-american. >> anthony romero, executive director for the aclu. thank you for coming on the show this morning, sharing your views. appreciate it. >> thank you. >>> we're expecting to get an update, by the way, any minute now on the conditions of some of the boston bombing victims who are still in the hospital. >>> plus, how should t
read him his miranda rights and let the criminal justice work. that's what we do in america. >> you think this needs to happen by the end of today at this point? >> once the fbi is able to ascertain whether or not there are continued threats to public safety, they should not expand further public safety exemptions. to do so is going to get their nick nice knickers in a twist. look at the 9/11 defendants. we tortured them, held them in secret prisons. we still have not prosecuted the...
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Apr 20, 2013
04/13
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rights we have been told that clear is a public safety clause that allows the government do not read miranda rights immediately so that he does not have the right to remain silent because there is a public safety threat to make sure there is no other plot out there of the senators john mccain and the gramm put out a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this suspect it could go to the military court system but the president signaled the opposite to read between the lines that he believes what distinguishes america is the several civilian court system to uphold our values. he is getting pressure to name him the enemy combat in to that with the two other things he is signaling if he survives go through the civilian court system. >> it appears he will@ survive for cut end henry live. the last time we heard from the authorities at the 6:00 eastern time the news was not good at all and they told the people they cannot find a second suspect and they were lifting t
rights we have been told that clear is a public safety clause that allows the government do not read miranda rights immediately so that he does not have the right to remain silent because there is a public safety threat to make sure there is no other plot out there of the senators john mccain and the gramm put out a statement saying'' mack wheat remaining under threat from radical islam we hope the obama administration seriously considered the enemy combat and option. what that means is this...
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Apr 22, 2013
04/13
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so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to an al-qaeda plot, and they ordered people to stay inside so they were confident that there was no explosive devices to begin with. i think it was a show of force by the federal government to let everybody know that they were doing everything they can short of torture, which is now illegal, to get information out of him. >> cenk: let me see if i can take this to the next level. peter king said he should be a combatant. >> i want the intelligence to save americans lives. and that's the only way to do that effectively if he's treated as enemy combatant. >> there is fin
so behavior mirandaizeing him the cops asked him where is the gun. before finding out asking if there were other bombs, beth i'm with you. but now they broadened it, besides asking about the becomes, ask him about other items. joe, it sounded like you were going to say one last thing on this. >> the last summation is in boston they've seen terror trials before, the richard reed trial. the shoe bomber, there was no miranda exception even then when there could and there was a direct link to...
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Apr 23, 2013
04/13
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miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's extremely rare. i do criminal defense work. i can tell you, the most you can hope for in a miranda case is one or two statements will not make it into court. it's rare the whole case falls out unless everything -- >> so it's not the poison fruit thing? >> there is a poison fruit provision, standard. but it's very rare for it to pollute an entire case. >> let me ask you practically, why don't the law enforcement officials, the federal officials up there who have him in custody at the hospital, why didn't they just do this
miranda rights. we've watched enough detective shows no know, police shows, they give miranda rights almost like blah, blah, blah, blah, blah. it's done. why do you think that's an issue? now we just got the word as we went on the air tonight the defendant here, the suspect, i guess he's a defendant now, has been given his miranda rights. >> this is truly something of an urban legend. people like to watch shows where a criminal goes free because he wasn't given miranda rights. that's...
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Apr 23, 2013
04/13
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he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a black jacket, a white hat and similar to the one in the surveillance photos he was allegedly wearing. investigators also want to question tamerlan tsarnaev's wife. the couple initially met at a nightclub. she later converted to islam, dropped out of college and had a child with him. her attorney has said that she had no suspicions that her husband might be plotting an attack. hundreds of people stood in silence at copley square at 2:50 p.m. one week after the bombings. president obama marked the moment of silence from the white house. the u.s. senate held a similar tribute on capitol
he was read his miranda rights from his hospital and he will have access to a lawyer. the 19-year-old has been described as cooperative during questioning. forced to write his answers or nod yes or no. he told officials he and his brother came up with the idea for the attacks on their own, finding internet resources to learn how to make bombs. he has been assigned three public defenders and could very well face the death penalty. a weekend search of dzhokhar's college dorm room turned up a...
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Apr 22, 2013
04/13
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he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off, put it down, did not react when the first explosion went off and then moved away from the backpack in time for the second explosion, so pretty clear about his involvement and pretty chilling, frankly. >> all right, so while we wait on that video, i want you to look at these new infrared images released showing the final intense moments of the manhunt. stun grenades just exploded as police moved in to capture the 19-year-old, and it capped a nearly four-day search for dzhokhar and his older brother, tamerlan, and while the nation was reeling, we are getting word this morning that the brothers actually
he has yet to be charged in connection with the attack or been notified of his miranda rights, however, this morning officials tell nbc news he's awake and using pen and paper to answer questions from investigators. all of this as the fbi says it has obtained surveillance footage showing tsarnaev putting down his backpack near the finish line just minutes before the explosion. massachusetts governor deval patrick says he's been briefed on the footage. >> the suspect took the backpack off,...
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Apr 22, 2013
04/13
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they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still uncertain whether zocor and his brother tamerlan who died in a shoot-out on friday with police have any ties to fore te union issued a statement saying we must not waver from our tried and true justice system even in the most difficult of times. denial of rights is un-american and will only make it harder to obtain fair convictions. some liberal lawmakers agree and said they would be comfortable with tsarnaev being designated as an enemy combatant. >> i don't believe. it would beunconstitutional to >> it carries its own risk especially if that suspect
they waved tsarnaev's miranda rights. they said he could still pose a threat either because there are more bombs planted out there or he's connected to a larger terrorist cell. either way it has some lawmakers concerned. as investigators continue to interrogate their suspect some lawmakers argue he should be treated as an enemy combatant and denied an attorney for the time being. >> we should be allowed her intelligence-gathering purposes. >> investigators say they're still...
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Apr 21, 2013
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if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say really the fifth amendment applies when they say it does and i don't think the supreme court is going to uphold that down the line. the supreme court actually heard oral argument on a case very similar out of texas last week where their argument was the fifth amendment doesn't apply until we read the miranda rights. so we may have an answer to that sooner than we think. >> christopher -- >> would it make any difference -- i'm sorry, fred. just want a little follow-up. would it make any difference if the u.s. were to revoke his naturalized u.s. citizenship as far as the law is concerned?
if they don't read him his miranda rights right away, you okay with that? >> well, look. i think the public safety exception is being greatly and overly expanded in this instance. the public safety exception as the supreme court laid out is for an instance when an officer walks up on a situation and sees an empty holster and says where's your gun. that's to prevent an imminent threat from happening right then. what they are doing now is really expanding that public safety exception to say...
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Apr 20, 2013
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why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put yourself in the shoes of the obama administration. they want to know as much as they can about how this happened so as to not make -- make sure it doesn't happen again. if he lawyers up, if he is read his miranda rights, he probably will be advised not to cooperate and not to say anything. isn't it just to play devil's advocate in the best interests of the nation to withhold on doing that for a second and gets a much information as they can? >> well, it's a very tough decision, but really the exception they're using is the public safety exc
why does the miranda issue matter? >> it really matters on whether there will be able to determine if there is other further threats and whether there will be able to prosecute him in federal court. and as soon as they mirandize him and give him the right to a lawyer, they know they can use those statements against him in court. if they don't do that, they will have a very tough time using any evidence they collect from him before that time against him in a federal courtroom. >> put...
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Apr 23, 2013
04/13
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the miranda warning says you amendment right. if the information you provide, information this may save lives prevent terrorist acts in the future, can't be used not in you, you are danger of self-incrimination. used it would is still be habeas corpus right. so what we are saying and what he is saying and i think it is rong there is no such thing as global jihadist movement. i think the evidence of that is we will treat d somebody who commits an act of brutal terrorism as a criminal them to lawyer up and say don't say a word, information,hem any we will deal later and i think i think this is illful blindness and reckless in regard to the people who may foruture.ctims in the guest: responding to the caller, i think what you are saying is i hear it t because from other people in the military. a purpose. war have if we unlawfully seek to expand that purpose we harm only armed forces, ur who are legitimately carrying in limited nflict particular areas in afghanistan. and the constitutional right would have been violated here had we h
the miranda warning says you amendment right. if the information you provide, information this may save lives prevent terrorist acts in the future, can't be used not in you, you are danger of self-incrimination. used it would is still be habeas corpus right. so what we are saying and what he is saying and i think it is rong there is no such thing as global jihadist movement. i think the evidence of that is we will treat d somebody who commits an act of brutal terrorism as a criminal them to...
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Apr 23, 2013
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all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done before in american history to have some sort of hybrid combatant and criminal proceeding. we do know from jake tapper's reporting, there was an interrogation of tsavraev. and he did disclose his position that there was no broader conspiracy here. just him and his pressure. it seems like the justice department and the fbi have done the kind of interrogation that at least -- that lindsey graham seems to want to have been done, perhaps not as extensive as it might have been. but there was a premiranda interrogation and authorities can work with that, at least now going forward. >> i think that's a fair point.
all of this is moot right now, because as you know, yesterday, he was formally given his miranda rights and a judge magistrate at his bed side with a court-appointed attorney, a public defender. this is moot as the obama administration has made its decision. is lindsey graham on sound legal ground, saying he should be tried in a civilian court, but held and questioned as an enemy combatant? >> i think the only fair answer to that question is we don't know. because it's never been done...
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Apr 21, 2013
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these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax prison in colorado. >> the 48-hour thing is not an absolute fixed time period. oh, by the way, military commissions which have not secured any convictions, really, against anyone since 9/11, there is a right to council and there procedures, too. all of which keep getting tested. don't work. >> enemy combatant has nothing to do with the military commissions. >> dzhokhar tsarnaev could be deemed enemy combatant and still tried in a civilian court, which is what happened the w jose padilla in the past. it's not done often and justice department is in unchartered waters for h
these are things only obtained if he doesn't get the miranda rights. public safety exceptions will expire in 24 hours. he can lawyer up. >> that's what happened in the case of the underwear bomber, nigerian who tried to blow up a plane over the united states on christmas day 2009. he was a foreign citizen and read his miranda rights after 50 minutes. there was criticism at the time that they were unable to mine him for information how the plot developed overseas suspect is in supermax...
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Apr 23, 2013
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tsarnaev was read his miranda rights in a brief bedside session in the intensive care unit at boston's beth israel hospital. the appearance began when a magistrate judge asked a doctor whether he was alert saying you can rouse him. according to a transcript of the appearance, tsarnaev nodded for times to questions but spoke just one word. when asked can you afford a lawyer, he answered simply -- no. the government says it has photographic evidence placing tsarnaev and his brother at the scene of the bombings as well as physical evidence tying them to the attacks. in the complaint the fbi says that at 2:38 p.m. on the day of the bombings, 11 minutes before the first bomb went off, a surveillance camera shows dzhokhar and tamerlan tsarnaev walking toward the boston marathon finish line with backpacks. then a surveillance camera mounted on the restaurant nearby captures crucial pieces of evidence. seven minutes before the first bombing the video which still hasn't been released shows dzhokhar walking toward the second bombing site. three minutes later he works his way into the crowd and t
tsarnaev was read his miranda rights in a brief bedside session in the intensive care unit at boston's beth israel hospital. the appearance began when a magistrate judge asked a doctor whether he was alert saying you can rouse him. according to a transcript of the appearance, tsarnaev nodded for times to questions but spoke just one word. when asked can you afford a lawyer, he answered simply -- no. the government says it has photographic evidence placing tsarnaev and his brother at the scene...
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Apr 21, 2013
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that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for ironing all that out for us. >>> the legal questions over whether dzhokhar tsarnaev be tried as an enemy combatant, we'll take it further after the break. are you still sleeping? just wanted to check and make sure that we were on schedule. the first technology of its kind... mom and dad, i have great news. is now providing answers families need. siemens. answers. it shows. we don't run like that. we build john deere equipment the way we always have: the right way. times change. our principles don't. you don't just have our word on it. yo
that's issue of the miranda rights. to give you a better understanding on that, that's whether or not they should invoke this public safety exception that they are in the process of doing. but it doesn't help you very much if he can't communicate. while we'll make sure that this doesn't change the circumstances, it is expected that he would be mirandized as early as tomorrow. >> and then that would go into civilian court. okay. peter alexander at the white house. thank you very much for...
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he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended to do more. he rings all the bells. >> what if he gives more information about people overseas who they were in could cahoots with? >> you mean cooperates? >> yeah. is that the thing that helps you avoid the death penalty. >> it's one thing that helps you avoid the death penalty. i hope it doesn't get him anything less than life. >> we see this and it sort of reminded me of the dc sniper case in a way. maybe the younger person who was influenced by his older brother. maybe led astray in some capacity. we may uncover that the brother was really the ring leader here, the one who was drivin
he was given his miranda rights. finally they had been put in place. they're going to question him to use that information to collect intelligence so that they protect the rest of us. >> this case seems like a prime candidate for capital punishment. do you think there will be much debate about whether or not he gets the death penalty? >> i sure hope not. he's a poster boy for if. >> how so? >> he used an explosive device. he killed people, he maimed people, he intended...
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Apr 16, 2013
04/13
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custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make sure they maintain the possibility of ultimately getting criminal conviction? >> absolutely. >> joining us is an eyewitness to the bombing. he ran the marathon and was in the medical tent when the explosions happened. joining us by phone from boston. describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah. the first thing, this was wave three, so i was running -- i was a charity runner, so we started at approximately 10:40 a.m. then i finished just under four, my first under four, thus i pushed pretty hard mile 25 and 26. that means i was pretty winded, dizzy and felt
custody there are situations now where a lot of people would say, you don't need to read miranda rights right away. this decision -- if a very strong suspect is picked up or somebody could provide significant information, i think that decision, whether or not to mirandize could be -- >> presumably as the fbi is going through this, they are looking to make sure there are no secondary attacks, first priority, right, imminent threat. >> absolutely. >> and second of all, to make...
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Apr 21, 2013
04/13
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any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a federal trial. >> right. and senator schumer, i know you agree this should go to a federal court. i want to quick read you something that one of your colleagues said. this is from senator carl levin, the chairman of the armed services committee. and in response to senator graham and others saying this man needs to be treated as a terrorist, this is what senator levin said. i am not aware of any evidence so far that the boston suspect is part of any organized group let alone al qaeda, the taliban or within of their affiliates. in the absence of such evidence, i know of no legal basis for his detention as an e
any time we question him about his guilt or innocence, he's entitled to his miranda rights and a lawyer. but we have the right under our law -- i've been a military lawyer for 30 years, to gather intelligence from enemy combatants. and a citizen can be an enemy combatant. he is not eligible for military commission trial. i wrote the military commission in 2009. he cannot go to military commission. >> so a civil trial no matter what. right. >> in my view a civil trial, it should be a...
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Apr 21, 2013
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. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated. now what the justice department is saying that they want to use this special high-value interrogation team to question him without reading him his miranda rights, under the public safety exception. and the -- question and that has been defined as 48 hours. they have 48 hours to question him before they read him his rights. now, the aclu and the federal public defenders office here in boston which says -- said yesterday they expect to represent tsarnaev. they are challenging that and saying that they -- the government may be stretching it here. and, frankly, actually, the longer this goes on, the longer that
. >> there's been a lot of attention paid to the fact miranda rights were not immediately read to him. governor patrick said in the opening, said last night, the suspect is not in condition to talk at this moment. is there any indication how long they can go before having to read miranda rights to him if they are going to get the chance to interrogate him without the warning, without access to a lawyer? >> reporter: a very good question. one that i think is likely to be litigated....
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Apr 22, 2013
04/13
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. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the ball. richard, i wonder if there is going to be a lot of questions and maybe even hearings out of this or what comes to mind just knowing those basic facts? >> there probably will be hearings of the fbi whether it learned more or could have done more. critics say that is monday morning quarterbacking. it ought to be about what we were talking about, what can we do to prevent or identify young people who are radicalized and how did we respond and how what did we learn about lockdowns. as the military would say it ought not to just focus on fbi. it's much bigger and much broader. we have to learn a lot f
. >> while the obama administration has agreed to delay a reading of his miranda rights under a public safety exemption, secretary of defense chuck hagel has not seen evidence to link the bombings to terror groups. scrutiny turns to the fbi who reportedly questioned the older brother tamerlan in 2011 at the request of a foreign government. this is so interesting. of russia. the fbi told the a.p. despite interviewing him and relatives they did not find any activity. the agency dropped the...
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Apr 16, 2013
04/13
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custody there are situations now where a lot of people are saying you don't need to read the miranda rights right away. if is strong suspect is picked up, or could provide significant information, i think that addition could be discussed between doj, fbi, the white house -- >> presumably as the fbi is going through this, they are looking to make sure no secondary attacks is the first priority, and then to make sure they maintain the possibility of getting ultimately a criminal conviction. >> absolutely. >> joining us now is an eyewitness, greg, ran the marathon and was in the medical tent with the explosions happened. he joins us by phone from boston. greg, zwrieb describe what you were doing in the medical tent at what time and what the scene there was like. >> yeah, the first thing to share, this was wave three, so i was a charity runner for the alzheim alzheimer's association. we started at 10:40 a.m., and i finished my first under four. hi pushed pretty hard in mile 25 and 26, what that means i was winded and dizzy, i was ready to faint. as i crossed the finish line one i asked f
custody there are situations now where a lot of people are saying you don't need to read the miranda rights right away. if is strong suspect is picked up, or could provide significant information, i think that addition could be discussed between doj, fbi, the white house -- >> presumably as the fbi is going through this, they are looking to make sure no secondary attacks is the first priority, and then to make sure they maintain the possibility of getting ultimately a criminal conviction....
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Apr 22, 2013
04/13
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FBC
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. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most people don't don't have the right to remain silent. so you, government, fbi or travel cup have to tell whoever you are interrogating they have the right to remain silent. that is what is not being honored, from what we understand. whatever he said could affect other evidence that independently obtained. it is risky not to read miranda rights and a violation of the constitution not to do so. so the government treads in danger when they try to strike information and somewhere we will not use that against the defendant. tracy: the emotional side of me says too bad. speak of
. >> the supreme court's case in which miranda gave a course confession. said confessions have to be knowing, meaning you have to tell the person they don't have to confess, they don't have to talk to you. numerous supreme court cases have picked up on this and said the government must always tell you when you're confronted with a government you don't have to speak to the government. protecting the freedom of speech also protects the right to remain silent. but the supreme court said most...
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Apr 22, 2013
04/13
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how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are work in the united states. your photo information will have to be shared with the database so they know it is you. some interesting propo w you protect your social security number. if you've just applied for a ob, you can in effect lock it so that no other employer can check it until you authorize it again. to try an important way to make it difficult for people not legally authorized to work in the united states to do that. the hope this is shuts off the magnets. people come here because they want to find jobs. the idea is to make it difficult to fi
how hard is it to reach somebody their miranda rights? they were talking about not reading his miranda rights. terror suspecthe enemyd be detained as an commabantant. guest: issue of the war on drugs -- the one not be addressed in this bill. .ocial security will be people use phony social security numbers. your card is pretty easy to forge. an effort to crack down on this. an expansion on the e-verify program. they will check you against existing social security databases to make sure you are...
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Apr 22, 2013
04/13
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they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy combatants. did he a crime on u.s. soil. >> peter king said this. >> i believe -- should be portrayed as enemy combatants. senator mccain, senator graham, senator ayotte, there are so many questions unanswered so many potential links to terrorism here. the battlefield is now in the united states. i believe he is an enemy combatant. ultimately, he will be tried in a civilian court and the statements taken from him cannot be used against him in that trial. right now, the only links we have as much as chechnyan involvement in the islamic movement. are there other conspirators out there? where do th
they didn't give a miranda warning so the aclu is shouting about that. and of course, well-known southern bell lindsey graham, why isn't he being treated as an enemy combatant? that one to me -- >> what about benghazi? >> shut up. >> stephanie: i'll always have benghazi. it is my terror. no. >> i would never go thirsty again. i'll have another mint julep thank you. >> stephanie: the legal expert i heard this weekend said this is a nonstarter to treat him as enemy...
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Apr 21, 2013
04/13
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he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of you haveerties saying cases where -- you have the same two senators, john mccain and lindsey gramm, who said this person is a terrorist and should not have parental rights. it seems the obama administration is going to be straddling the middle ground, as they did with the so-called under armour from a few years ago. underwearcalled bomber. host: national journal peteting the headline, williams reporting philosophy and why he was getting the boston story right. guest: i would have to say that pete williams is the best i have ever come across, so measured and sofer. is amazing he was able to be showcased the y he was. story.s a complicated a lot of journalists for getting the facts wrong as it was developing in real time, but pete williams was a constant force who was right 100% of the way. it is a model t
he is under heavy guard protection, but one of the issues is whether or not he will be given his miranda rights. is he a u.s. citizen and under the constitution considered innocent until proven guilty, or is he an enemy combat? guest: you have people from the aclu and other supporters of you haveerties saying cases where -- you have the same two senators, john mccain and lindsey gramm, who said this person is a terrorist and should not have parental rights. it seems the obama administration is...
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Apr 20, 2013
04/13
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>> there was no miranda warning could we get an explanation for that? >> there is a public safety issue for acts involving terrorism. the government has an opportunity right now though i believe the suspect has been taken to a hospital. i'm sorry. what i indicated earlier is that this is still an active, an ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review all of the evidence and it's a very thoughtful, long process that is engaged and it's the attorney general of the department of justice that makes that final decision. i'm sorry. >> can you talk to us a little bit about what happened when you were on the scene? was he moving around? how did you know it was finally a chance to take him into custody? >> we know he didn't go straight to the boat. we set up the perimeter with the best intentions with a lot of information. we found blood in a car that he abandoned and blood inside a house in the perimeter. as we said, it was very ch
>> there was no miranda warning could we get an explanation for that? >> there is a public safety issue for acts involving terrorism. the government has an opportunity right now though i believe the suspect has been taken to a hospital. i'm sorry. what i indicated earlier is that this is still an active, an ongoing investigation. we're going to be reviewing all of the evidence. before that kind of a decision is made in terms of whether or not to seek the death penalty, you review...
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Apr 21, 2013
04/13
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this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda rights is further complicated because the u.s. is a u.s. citizen. many of the rules cannot be used on americans. live in the newsroom, katie utehs. ktvu news. >>> people are in texas are being allowed in their homes. curfew is still in effect and there is limited water and electricity. many are still trying to learn the condition of family and friends hurt in the explosion. >> it's really hectic, but we are patient because we know the extent of damage on the other side. and we got friends and family that we don't know about over there. >> 14 people died in the fertilizer plant exp
this rule is used to question terrorism suspects without reading them miranda rights. the rule was created to question terrorists about other potential threats. senator carl leven says so far there's no connection between the suspect and terrorist groups. leven said to hold him under these circumstances would be contrary to our laws and jeopardize our effort to prosecute him. during interviews before suspects are read their rights is often not admissible during the trial. the issue on miranda...
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Apr 22, 2013
04/13
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. >>> escuchamos sobre la advertencia miranda, realmente quÉ es y cÓmo podrÍa influir en el caso. >>> es una advertencia que se le da a una persona, la advertencia es que cuales son los derechos que tiene, tiene derecho a tener un abogado, y cualquier cosa que vaya a decir puede ser utilizada en su contra. y que se le informe de estos derechos y tiene que renunciar a estos, tiene que haber una renuncia, en este momento lo que pasa es lo siguiente, el gobierno quiere que aplique una excepciÓn a la regla miranda, se llama el seguridad pÚblica, que estÁ en juego esta seguridad pÚblica, y que le permitirÍa poder interrogar al muchacho de manera limitada, no puede ser amplia, tiene que ser enfocada especÍficamente a quÉ conocimiento tiene este muchacho de algo que pudiera suceder inminentemente. >>> muchas gracias, jueza. y nos alegra que estÉ aquÍ en carne y hueso y bienvenida a este que es su hogar. >>> feliz de estar acÁ. >>> seguimos con mÁs de este lunes. jhonny, te veo haciendo ejercicios. >>> sÍ, y vamos a transportarnos a las montaÑas, pero sin salir de nuestra casa. y
. >>> escuchamos sobre la advertencia miranda, realmente quÉ es y cÓmo podrÍa influir en el caso. >>> es una advertencia que se le da a una persona, la advertencia es que cuales son los derechos que tiene, tiene derecho a tener un abogado, y cualquier cosa que vaya a decir puede ser utilizada en su contra. y que se le informe de estos derechos y tiene que renunciar a estos, tiene que haber una renuncia, en este momento lo que pasa es lo siguiente, el gobierno quiere que...
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Apr 23, 2013
04/13
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. >> stephanie: the miranda rights not being read right away -- clearly that was an emergency. perhaps i'm not as versed of my civil liberties as i should be. >> in danger of being punted. >> stephanie: exactly. >> talking to you sorority girl. >> stephanie: kevin in dc. welcome. >> caller: good morning. what a sight for sore eyes as always. i mean you're a sight for sore eyes -- >> stephanie: sure. all right. thank you. >> caller: sorry. it's early what do you want? [ laughter ] >> stephanie: uh-huh. >> caller: i was calling kind of in frustration. does everything have to be political? the boston tragedy, what has hand to those poor people i'm still horrified about it. but the caller that called you the day after and tried to ridiculously compare it to bush and the official that was babbled about the [ inaudible ] that had an ak 15. are these people human? how do we get to this point? i'm not all saying all democrats or liberals or progressives whatever you want to call it all have halos over their head but it appears to me we are not as reactionary as they are. there doesn't
. >> stephanie: the miranda rights not being read right away -- clearly that was an emergency. perhaps i'm not as versed of my civil liberties as i should be. >> in danger of being punted. >> stephanie: exactly. >> talking to you sorority girl. >> stephanie: kevin in dc. welcome. >> caller: good morning. what a sight for sore eyes as always. i mean you're a sight for sore eyes -- >> stephanie: sure. all right. thank you. >> caller: sorry. it's...
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Apr 22, 2013
04/13
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>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an argument that's going to be handed to this defendant's defense attorney when that time comes. there have been contradictory statements made that there is no public threat, there is no ticking bomb, thank goodness, apparently, based on what we know so far. so we're giving them an argument to use later. >> the issue is, the questioning that's permitted without miranda is very narrow in scope, correct? >> yes. it's about what the public threat is. it's not all of theasis and the background and the motive questions. >> that's what brings me to this issue that's percolating in washington now. there are some nationa
>> it sure does, because as you know, miranda rights are a bedrock constitutional principle. we all have the right to remain silent, t get an attorney and be advised of those rights. the public safety exemption is a very narrow exemption. there has to be an imminent threat to the public. it certainly seems less imminent. >> don't officials who say the terror is over, don't they kind of undercut that argument, and does it really matter in the end? >> this is certainly an...
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Apr 23, 2013
04/13
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hadtimes square bomber, he pakistan and taliban ties and he was read his miranda rights and designated to enemy combatants. the son-in-law of osama bin laden is in the federal system today. he was read his rights. he has never been designated enemy combatants. can you imagine what osama bin laden's son-in-law catullus about the terrorist organization? he was the spokesman for al qaeda after 9/11. there's a disturbing pattern here of not gathering intelligence when the opportunity exists. thank you very much. i have to go. to answer next door any questions you have about the fbi. we will observe a moment of silence with the folks in boston. [captioning performed by national captioning institute] [captions copyright national cable satellite corp. 2013] >> stakeholders from various industries and advocacy groups testified on capitol hill about the pros and cons of the senate gang of eight immigration bill. senator mccain, chuck schumer, dick durbin, lindsey graham, robert menendez, marco rubio, jeff blake, and michael bennet are the architects of the legislation. the first witness will be
hadtimes square bomber, he pakistan and taliban ties and he was read his miranda rights and designated to enemy combatants. the son-in-law of osama bin laden is in the federal system today. he was read his rights. he has never been designated enemy combatants. can you imagine what osama bin laden's son-in-law catullus about the terrorist organization? he was the spokesman for al qaeda after 9/11. there's a disturbing pattern here of not gathering intelligence when the opportunity exists. thank...
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Apr 19, 2013
04/13
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miranda rights being processed. these are all mean different things to different people. ♪ >> there's some conflicting information about this. not an arrest yet. >> no arrest has been made. as anderson said you don't want to go down the road of speculation wrongfully. >> john king has been demoted to duke. >> stephanie: that was good. and i love john king. >> and he is spectacularly handsome. >> stephanie: he really is. the onion headlines "jesus" this week. citizens across the nation confirm that jesus this week -- this [ censor bleep ] week sources added. seriously can we wrap this up already? echoing the thoughts of the 311 million americans who have just about reached their weekly quota of heart break, confusion, average. we'll be back with all of the latest on that on the "stephanie miller show." ♪ [♪ theme music ♪] >> stephanie: all right. hello, current tv land. david shuster with us all morning obviously trying to determine what is or is not happening. reporters were told to get back and stay down ou
miranda rights being processed. these are all mean different things to different people. ♪ >> there's some conflicting information about this. not an arrest yet. >> no arrest has been made. as anderson said you don't want to go down the road of speculation wrongfully. >> john king has been demoted to duke. >> stephanie: that was good. and i love john king. >> and he is spectacularly handsome. >> stephanie: he really is. the onion headlines "jesus"...
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Apr 23, 2013
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. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly when you're concerned about public safety issues as the investigators certainly were as a result of the horrific acts that the bombing suspects, the bombing defendants who are h are accused of. bill: this is a guy to lived here more than ten years. came here 2002 if memory serves. your case with richard reid he was far from an american citizen, he was far from even making a home here. what have we done in 12 years? make sure that the prosecutions can be successful? >> i would suggest that we should be using all the tools that both the united states supreme court has indicated are available in order
. ♪ pair bill: should they not have read his miranda rights to him yesterday if that is the case? do you leave the door of legal opportunity open a while longer. >> there are two separate issues. the public safety exception applies regardless of the type of offense that the government is investigating, and using the public safety exception is recognized by the united states supreme court. it's a lawful way of trying to get information in a very short window of time tinge le particularly...
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Apr 23, 2013
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y el cantante jesÚs miranda paraliza a sus fanÁticas posando asÍ con los mÚsculos afuera. >>> ya volvemos a "despierta amÉrica" la mejor manera de comenzar sus maÑanas >>> llama y con ♪ ♪ ♪ >>> bailemos con el tuca ♪ bailemos con nazo ♪ ♪ >>> Ándale, no levantes mucho los brazos, se puede subir el vestido. >>> falta ruedo o sobra pierna. >>> falta ruedo y pierna. las dos. >>> tengo hambre. >>> llegÓ la hora de consentirnos. y llego la hora. >>> y que cante tamarindo, vamos con el chile mayor, gustavo, dale con el tamarindo. >>> miren, estoy aquÍ en chicago, la ciudad de los vientos, estoy interactuando con mi gente, y estÁ mi amigo moisÉs , me dijo que se metiÓ una bronca con su mamÁ, con la suegra, con todo el mundo. >>> cÓmo sabes? >>> me llegÓ un pajarito. pero el tema es que no sabias hacer chiles rancheros. y vamos con los ingredientes. y verÁs que facil es hacer estos sopes. tenemos la rancha. es harina de maÍz y poquita manteca. tenemos frijoles, chiles jalapeÑos, guacamole, tomate, cebolla, queso fresco, y dos salsas. cuÁl te gusta mas? >>> la verde. >>>
y el cantante jesÚs miranda paraliza a sus fanÁticas posando asÍ con los mÚsculos afuera. >>> ya volvemos a "despierta amÉrica" la mejor manera de comenzar sus maÑanas >>> llama y con ♪ ♪ ♪ >>> bailemos con el tuca ♪ bailemos con nazo ♪ ♪ >>> Ándale, no levantes mucho los brazos, se puede subir el vestido. >>> falta ruedo o sobra pierna. >>> falta ruedo y pierna. las dos. >>> tengo hambre. >>>...